Hong Kong Case Law: Decisions & Judgments

Topic

Management fee dispute

Legal area

Court

16 Sept 2015

SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER

Citation

SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER
Court

Court of First Instance
Case number

HCA538/2007

On the balance of probabilities the court found the plaintiff invested through Master Kingdom (not by a personal Co-operation Agreement), found the defendants' evidence credible and documentary records persuasive, and concluded the Management Fee and Macho Loan allegations were misconceived (management fee was not paid to Master Kingdom as alleged and the Macho loan was a legitimate distribution mechanism), therefore the plaintiff's personal claims fail.
6 Jul 2004

INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD

Citation

INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD
Court

Lands Tribunal
Case number

LDNT5/2004

The Tribunal accepted that the Respondent's redevelopment intention was credible but not sufficiently compelling to require the five applicants to vacate earlier than the ground-floor tenants; accordingly a limited shorter term was justified but the minimum term must run until 31 July 2005. Market rents for LDNT 8 and LDNT 10 were determined by adjusted comparables from the Rating & Valuation schedule yielding $14,000 and $10,000 per month respectively. Management fee disputes fall outside the Tribunal's jurisdiction and are to be resolved by owners/management processes.
6 Jul 2004

ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD

Citation

ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD
Court

Lands Tribunal
Case number

LDNT8/2004

The Tribunal accepted the respondent's redevelopment intention as sufficiently genuine to justify departing from two-year tenancies but, given the existence of ground-floor tenancies that could only be effectively determined in July 2005, set a minimum tenancy term to 31 July 2005 (effective from 1 Feb 2004). Market rent was calculated using Rating and Valuation Department comparables with deductions and adjustments for parking, management fee, rates and chattels, producing monthly rents of HKD 14,000 for LDNT 8/2004 and HKD 10,000 for LDNT 10/2004. The Tribunal declined to adjudicate managem…
30 Jun 2003

CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER

Citation

CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER
Court

Court of First Instance
Case number

HCCT102/2002

The plaintiff failed to meet the thresholds for summary judgment or interim payment because the 1st defendant raised bona fide triable issues (interpretation of the 22 Nov 1999 agreement, a credible counterclaim, dispute over management fee reduction including consideration and condition precedent, disputed interim payment deductions, and unquantified further losses) which require trial; accordingly the 1st defendant is granted unconditional leave to defend and the plaintiff's applications are dismissed.
11 Feb 2003

DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.

Citation

DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
Court

Court of Appeal
Case number

CACV343/2002

The Court held that clauses 3 and 4 of the written sub-subcontract, properly construed with reference to the main contract paylists, entitled Dixie to payment of fluctuations certified under the main contract after deduction of the agreed management fee; clause 3B on variations did not permit an additional deduction stacked on top of the 36% basic management fee (the 20%/29% applied instead of the 36% in that context); the oral increase to 42% lacked consideration but Wing Wo, having allowed Dixie to retain the extra 4% for many years and given the evidence of reliance and the delay, had waiv…

Hong Kong Case Law

SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER

INA MUELLER v. HUNG FAT CHEUNG INVESTORS LTD

ANDREW KEITH AND RODERICK MURRAY v. HUNG FAT CHEUNG INVESTORS LTD

CONNECTED SUCCESSFUL INVESTMENT LTD v. SIT KWOK WAI CAROL t/a CONCOURSE ENGINEERING CO AND ANOTHER

DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.